Animals — no matter how domesticated — are still animals. They retain a bit of feral-nature that can never be bred out of them completely. It is no surprise then, that animals often find a way to break loose from the confines that we have set up for them. As a result, there are a variety of laws about animals running at large and about the fences that are meant to keep them in.
These laws address a variety of topics from who bears the cost of building or maintaining a fence to a prohibition on allowing livestock to run at large. These statutes lay out the steps that you should take if you find stray cattle on your land. In most counties there are old laws that make it illegal to allow cattle or other livestock to run at large.
Most states have laws that allow for stray animals found on or near your property to be taken into custody if the owner is not known. The law includes a lengthy process that involves posting notices about the animal, taking the case before a justice of the peace, posting more notices and eventually the sale of the livestock at a public auction.
Although the requirements vary between states, generally if the owner of the animal is known, he should be notified that his animal is at large and trespassing. In Arkansas, the owner then has 24 hours to take the animal and confine it. If he fails to do so, he can be fined $10 to $50. Each day that the owner leaves the animal is a separate offense for which he can be fined.
Keeping animals in isn’t the only problem — keeping them out of fields can also be an issue. Before livestock was required to be kept within a fence, they were allowed to roam in the open range system. To protect crops, the livestock had to be fenced out. There are laws inspired by this time period still on the books. If any horse, cattle or other livestock breaks into an enclosure, or trespasses, the owner of the animal must pay the injured party the true value of damages suffered — this means the total cost of all the damage done by the animal. And the penalties get worse after the first offense. In Arkansas for example, after the second trespass, the owner of the animal is liable for double damages and any costs associated with recovering the penalties. And for a third trespass, the injured party, “may kill and destroy the animal so trespassing without being answerable for it.” (Before taking any action of this nature, OFN strongly advises contacting your attorney.) While we all hope it never comes down to this, the law does allow for it.
The majority of these statutes are nearly 100 years old and the most recent reported cases are found in the 1950s. This doesn’t mean that there aren’t problems with stray animals and broken fences today, or that these statutes discussed cover every situation. There are an assortment of other laws that cover everything from the theft of livestock to what constitutes a fence within the law. Some issues may even have to be resolved in civil actions to recover damages or stolen property. This means going outside the criminal system or relying on law enforcement officials, which can be costly. The best way to avoid situations such as this is to communicate with your neighbors about stray livestock and the condition of fences before it becomes a problem.
Shannon Mirus of Prairie Grove, Ark., is a Staff Attorney at the National Agricultural Law Center.
